Pastore v. Floyd

The defendants filed a motion to dismiss the appeal in this case, under rule 42(a) of Rules on Appeal, for failure to prosecute the appeal with due diligence, and specifically because the appellant failed to procure the prepa*733ration and filing of the transcript on appeal within the time allowed by rule 4, or at all. The appeal to the Supreme Court was transferred to this court.

In support of the motion to dismiss the appeal, notice of which was duly served on the attorneys of record for plaintiffs, the Clerk of the Superior Court of Tehama County filed her affidavit pursuant to section 42(a).…